Morley Bros. v. Stringer
Michigan Supreme Court
Appeal from Genesee; Wisner, J. Bill by Morley Brothers, a corporation, against Marshall L. Stringer, Zachariah Stringer, Edgar J. Osband, and Grant Parker, in aid of execution. Prom a decree for complainant, defendant Marshall L. Stringer appeals. This is a bill filed in aid of an execution.
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Appeal from Genesee; Wisner, J. Bill by Morley Brothers, a corporation, against Marshall L. Stringer, Zachariah Stringer, Edgar J. Osband, and Grant Parker, in aid of execution. Prom a decree for complainant, defendant Marshall L. Stringer appeals. This is a bill filed in aid of an execution. The facts are found in the decree of the court, and are as follows: “1. The firm of Parker & Dunstan, composed of Grant Parker and John W. Dunstan, while conducting business at Otisville, Michigan, contracted a considerable amount of indebtedness to the complainant and other creditors. The firm of Parker…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for the defendant raise objections to the validity of the judgment rendered in the suit at law. They make no argument upon them, and the pleadings upon which they are based are not found in the record. Therefore they cannot be considered. Enough, however, does appear to indicate that they constitute a collateral attack upon the judgment, which cannot be maintained, under Griffin v. McGavin, 117 Mich. 372 (75 N. W. 1061, 72 Am. St. Rep. 564), and Peninsular Savings Bank v. Ward, 118 Mich. 87 (76 N. W. 161, 79 N. W. 911), and authorities there cited.
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2Cases cited8 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Peninsular Savings Bank v. WardMichigan Supreme Court · 1898
- Shand v. . HanleyNew York Court of Appeals · 1877
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3Cited by6 opinions
- Merchants National Bank v. CollardNorth Dakota Supreme Court · 1916
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Blixt v. JanowiakWisconsin Supreme Court · 1922
- Reed v. ParkerMichigan Supreme Court · 1903
- McGovern V. Milwaukee Motor Co.Wisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.